Privacy Policy

Modern Smoke's Terms of Use

NOTICE: YOU MUST BE 18 OR OLDER TO PURCHASE ELECTRONIC CIGARETTES. SOME STATES MAY REQUIRE YOU TO BE 19. CHECK YOUR LOCAL LAWS BEFORE ORDERING.

 The Modern Smoke E-Cigarette is intended for use by adult smokers and not intended for pregnant women or those who are sensitive to nicotine. Nicotine is highly addictive and may be dangerous to your health. Modern Smoke E Cigarette is not intended as a smoking cessation device. Modern Smoke ECig offers smokers a tar-free way to enjoy smoking. 

Who may use this website: This website is not intended or designed to attract users under the age of 18. We do not collect personally identifiable data from any person we know to be under the age of 18 and instruct users under 18 not to send us any information.

Privacy Policy

Information collected from you.

The kinds of information we collect from you will vary, depending on how you use our website. It's possible to browse our site without submitting any personal information at all. In order to take part in certain services on our website, you will be required to provide certain personal information (e.g., your name, address, e-mail address, etc.).

In addition to the information you choose to submit, our systems are set up to gather certain anonymous data to help us better understand how our site is being used and how we can improve it. This automatically gathered data includes any content you view on our website.

How your information is used.

We utilize "cookies" on our site. These are small files that we send to and store on your computer so that we may recognize it as a unique machine the next time you visit our site. Our cookies are used to let us know you are a prior customer and to help us personalize your online experience by providing you with advertisements and messages of interest to you. Also, companies offering products or services through our website may use their own cookies.

The personal information you provide is used among other uses to help us customize your online experience. Your e-mail address serves as a unique identifier in our record system, and it is used together with a password to prevent unauthorized access to any information you choose to store on our site. The data you give us about your personal preferences and demographics (such as age, ZIP code, occupation, or other data) may be used to help us offer content, advertisements, products, and services that are most likely to appeal to you.

We will use your personal information to respond to requests you may make of us, and from time to time, we may refer to such information to better understand your needs and how we can improve our website, products and services. We may also use this personal information to contact you and/or provide you with general health information (like information on certain health conditions). We may share this personal information with other companies who offer products and services that may be of interest to you. We may also enhance or merge this personal information with data obtained from third parties for the same purposes.

Unless you specify that you'd prefer not to hear from us, we may also use the e-mail address you provide at registration to contact you for promotional, administrative, or other reasons. You may have these communications terminated. This likely will take 48 hours from the time you give us notice.

You may occasionally see contests, surveys, and other features of our website that ask you to provide us with personal information. When you choose to respond to these requests, the personal information you offer may be used for several reasons. These include the uses set out in this section. They also include providing personal information to third parties for prize fulfillment and other aspects of any contest or similar offering or for other uses related to providing you with information that we hope will be of interest to you.

The information gathered automatically by our system such as your computer's IP address, the kind of browser you're using, and a record of your navigation through our site—may be used by us so we can understand how to make our site convenient and useful to our audience and to improve our products and services.

We may link information collected from you through various means, including information collected automatically and through the use of cookies and personal information, with information we learn via Modern Smoke Customer Care and from Value Direct Program members. Our goal is to help offer you content, advertisements, products, and services that are most likely to appeal to you.

Your Choices Regarding the Use of Your Personal Information.

• You can always choose not to provide personal information, even though it might be needed to take advantage of Modern Smoke offers or website features.
• You can add or update certain information that you send to us. When you update information, we usually keep a copy of the prior version for our records.
• If you do not want to receive e-mail or other mail from us or if you wish to check your personal information, please contact us in the manner listed in Section 8 of this Privacy Policy.

Access to Your Personal Information.

In the event that Modern Smoke and some of our assets are sold or transferred or used as security, the personal information collected on our website may be transferred to third parties as part of that transaction. Modern Smoke may also provide personal information or provide access to personal information to any of our affiliated businesses or to our business partners.

Modern Smoke may use your personal information to reply to you and send information to you. Modern Smoke does not intend to reveal personal information to third parties except in the manner stated in this Privacy Policy.  Modern Smoke will provide aggregated information received from you to third parties.  Modern Smoke takes commercially reasonable precautions to prevent the aggregated information provided to third parties from including personal information.

If  Modern Smoke is requested by law enforcement officials or judicial authorities to provide personal information on individual users,  Modern Smoke may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent,  Modern Smoke may use or disclose your personal information without your consent or court process.

Will Your Personal Information Be Secure?

Modern Smoke recognizes you may be concerned about the security of your personal information, and we are committed to employing reasonable technology in order to protect the security of our website. Even with such technology, no website is 100% secure. We will take reasonable measures that we believe are appropriate to protect your information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer your information take comparable steps to protect that security.

Our Privacy Policy and Outside Links.

Our Privacy Policy only applies to this website. Our website contains links to sites outside our control. Please be aware that these sites may collect personal information about you, and operate according to their own privacy practices that may differ from our Privacy Policy. Remember to consult that website's own privacy policy, as once you're outside this website, any information you submit is no longer in our control.

Questions Regarding Our Privacy Policy.

If you have questions or comments regarding our privacy practices, please e-mail us at **EMAIL**

This policy was last updated on January 25, 2006

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OUR TERMS OF USE

Thank you for visiting our website. In order to provide you with the best service possible, we want you to fully understand the terms and conditions set forth below (our "Terms of Use") by which  Modern Smoke offers services and information on or through this website. Please review these Terms of Use carefully.

By using this website (collectively referred to in these Terms of Use as our "Website") you agree to be bound by the terms set forth herein. We may make changes to our Website, these Terms of Use, or the policies and conditions that govern the use of our Website at any time. We encourage you to review our Website and these terms periodically for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by the Terms of Use, you may not use and must immediately cease your use of the Website.

Modern Smoke is located in San Diego, CA in the United States. This site is for U.S. residents who are adults. Access to the site may not be legal in other countries. You transmit data to our Website subject to US and California law. Do not transmit data to our Website unless you agree to be bound by US and California law.

HEALTH-RELATED INFORMATION

The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional.

You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by health care or nutrition professionals employed by or contracting with  Modern Smoke) for diagnosing or treating a health problem or disease, or prescribing any medication.

Information and statements regarding supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

USE OF WEBSITE

You agree to use the Website for lawful purposes. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law. You agree that  Modern Smoke may in its sole discretion terminate your access to our Website, without notice, if we believe you have in any way violated our Terms of Use.

ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MODIFICATIONS

We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Website and/or any or all features, products, prices of products, services or information appearing on or available through any or all of the Website with or without notice to you. You agree that we shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.

INDEMNITY

You agree to indemnify and hold  Modern Smoke and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.

SUBMISSION OF INFORMATION OR MATERIALS

You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. Other than personally identifiable information, which is addressed under our Privacy Policy any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Website becomes and will remain the property of  Modern Smoke and may be used by  Modern Smoke anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to  Modern Smoke will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you.  Modern Smoke will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Website. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by  Modern Smoke shall in no way impair the right of  Modern Smoke to contest the validity of your patent, trademark or copyright.

LINKS

Our Website provides links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that  Modern Smoke is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that  Modern Smoke shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.

OUR PROPRIETARY RIGHTS

The Website is owned and operated by  Modern Smoke. The contents of the Website are ©2006  Modern Smoke. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Website is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws.  Modern Smoke authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from this Website in frames on another website without  Modern Smoke's express written permission) is prohibited.

SALE OF PRODUCTS

You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites of others are subject to the terms and conditions of such other parties and their websites, and  Modern Smoke shall have no liability or responsibility therefore.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Modern Smoke AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  Modern Smoke AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BPN OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF.  Modern Smoke MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY.  Modern Smoke AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM  Modern Smoke OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU AGREE THAT  Modern Smoke AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF  Modern Smoke OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.

YOU FURTHER AGREE THAT  Modern Smoke AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DOMESTIC USE; EXPORT RESTRICTION

We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

APPLICABLE LAW; JURISDICTION

Any claim relating to the Website, our Terms of Use, and the relationship between you and us shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. You and  Modern Smoke agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.

GENERAL

These Terms of Use and our Privacy Policy constitute the entire agreement between you and  Modern Smoke with respect to the Website; provided, however, that certain provisions of these Terms of Use may be superceded by expressly designated legal notices or terms which may be located on particular pages on the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms of Use remain in full force and effect. Your agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use were last updated on January 25, 2006

Return & Cancelation Policy

Value Direct Autoship Program Cancellation Policy 
You may cancel your autoship program at any time, prior to their monthly shipment.
To cancel the Value Direct Autoship Program, contact Customer Service at  480-659-0025.

Return and Refunds
To cancel the Value Direct Autoship Program, contact Customer Service at 480-659-0025.

• To avoid being charged for Autoshipment you must cancel before your 7 day trail period is up. There are NO refunds for the Value Direct Autoship Program on products that have already shipped.
• You may cancel your Value Direct Autoship Program by calling  480-659-0025. Please note that we do NOT accept email cancellations

PLEASE NOTE: 
- You must cancel autoship orders prior to next shipment.
- No returns will be accepted if the Autoship was not canceled prior to the next shipment.
- Packages marked "return to Sender" will NOT be processed or refunded.
- Please be aware that Autoship products are non-refundble after they have been shipped.
- Please be aware that shipping and handling fees are non-refundable.

Negative Option Clause
"I understand that this consumer transaction involves a negative option, and that I may be liable for payment of future goods and services under the terms of this agreement if I fail to notify the supplier not to supply the goods or services described."